Bava Basra 127: Bechor and One Tumtum

[Kollel Iyun Hadaf]

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Bava Basra 127: Bechor and One Tumtum
 
Eric Haas <eh...@rocketmail.com asked:
 
Rashbam defines the case as bechor, pashut and tumtum - the bechor takes 1/3 as 
the bechor and 1/3 of the remaining 2/3 for a total of 5/9.
 
What would be the case if there were only the bechor and a tumtum? Does the 
bechor take everything the way the calculation would suggest, or do they divide 
it the standar 2/3 1/3 because the law of "not reducing for a tumtum" is only 
where there is at least one other regular brother?
 
Please provide sources.
 
Eric Haas, Beersheva, Israel
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The Kollel replies:
 
The Yad Ramah (par. #104) writes that the Tumtum takes 1/3 and the Bechor 2/3 
(just as we would rule in the case a normal male brother). He bases this ruling 
on both Pesukim and logic; we cannot ignore the Tumtum and leave him without 
any Yerushah at all.
 
I assume that the same would apply for a Bechor and any number of Tumtums. 
Since we would not give them anything at all if we base the Chelek Bechor on 
the number of non-Tumtum brothers (-there are none), we therefore deal with 
them as normal brothers.
 
Best wishes,
Mordecai Kornfeld


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